Section 13-24-105 - Beginning and concluding collaborative law process(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.(3) A collaborative law process is concluded by a: (a) Resolution of a collaborative matter as evidenced by a signed record;(b) Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or(c) Termination of the process.(4) A collaborative law process terminates: (a) When a party gives notice to other parties in a record that the process is ended;(b) When a party: (I) Begins a proceeding related to a collaborative matter without the agreement of all parties; or(II) In a pending proceeding related to the matter:(A) Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;(B) Requests that the proceeding be put on the tribunal's active calendar; or(C) Takes similar action requiring notice to be sent to the parties; or(c) Except as otherwise provided by subsection (7) of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.(5) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.(6) A party may terminate a collaborative law process with or without cause.(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) of this section is sent to the parties:(a) The unrepresented party engages a successor collaborative lawyer; and(b) In a signed record: (I) The parties consent to continue the process by reaffirming the collaborative law participation agreement;(II) The agreement is amended to identify the successor collaborative lawyer; and(III) The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.(8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.